ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10

環 境 影 響 評 估 條 例
(第 499章 )
第 10條

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT

建 造 及 營 辦 指 定 工 程 項 目 的 環 境 許 可 證

PART A (MAIN PERMIT)
A部 (許 可 證 主 要 部 分 )

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the TERRITORY DEVELOPMENT DEPARTMENT (the "Permit Holder") to construct and operate the designated project described in Part B subject to the conditions described in or attached to Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:

根 據 環 境 影 響 評 估 條 例 (環 評 條 例 )第 10條 的 規 定 ， 環 境 保 護 署 署 長 (署 長 ) 將 本 環 境 許 可 證 批 予 拓 展 署 (下 稱 "許 可 證 持 有 人 ") 以 建 造 及 營 辦 B部 所 說 明 的 指 定 工 程 項 目 ， 但 須 遵 守 C部 所 說 明 的 條 件 。 本 環 境 許 可 證 的 發 出 ， 乃 以 下 表 所 列 的 文 件 、 批 准 或 許 可 作 為 根 據 ﹕

PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指 定 工 程 項 目 的 說 明 )

Hereunder is the description of the designated project mentioned in Part A of this environmental permit: (the Permit):

下 列 為 本 環 境 許 可 證 (下 稱 "許 可 證 ")A部 所 提 述 的 指 定 工 程 項 目 的 說 明 :

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this environmental permit. Any non-compliance may constitute a contravention of the Environmental Impact Assessment Ordinance and may become the subject of appropriate action taken under the Ordinance.

1.2 The Permit Holder shall ensure full compliance with all legislation from time to time in force including without limitation the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute any ground of defense against any proceedings instituted under any legislation.

1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorized officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the Register.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit.

1.5 The Permit Holder shall display conspicuously a copy of this Permit on the construction site(s) at all vehicular site entrances/exits or at a convenient location for public information at all times. The Permit Holder shall ensure that the most updated information about the Permit, including any amended permit, is displayed at such locations. If the Permit Holder surrenders a part or the whole of the Permit, the notice he sends to the Director shall also be displayed at the same locations as the original Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.

1.6 The Permit Holder shall construct and operate the Project in accordance with the project descriptions in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and all recommendations described in the EIA Report (Register No. EIA-089/BC) and the information or mitigation measures described in this Permit, or mitigation measures to be recommended in submissions that shall be deposited with or approved by the Director as a result of permit conditions contained in this Permit, or mitigation measures to be recommended under on going surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the Register are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.

1.8 All deposited submissions, as required under this Permit, shall be rectified and resubmitted in accordance with the comments, if any, made by the Director within one month of the receipt of the Director's comments or otherwise as specified by the Director.

1.9 All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the Environmental Impact Assessment Ordinance.

1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment Ordinance Register Office, or in any other places, or any internet websites as specified by the Director, or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

1.11 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than 2 weeks prior to the date of commencement of construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.

1.12 All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the Environmental Impact Assessment Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong).

2. Submissions or Measures for the Construction of the Project

2.1 An Environmental Team (ET) shall be established no later than 3 months before the commencement of construction of the Project. The ET shall be headed by the ET Leader who shall have at least 7 years' experience in environmental monitoring and audit (EM&A) or environmental management. The ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the Environmental Schedule. In addition, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under the Permit pursuant to condition 1.7 above.

2.2 An Independent Environmental Checker (IEC) shall be employed no later than 3 months before the commencement of construction of the Project. The IEC shall have at least 7 years' experience in EM&A or environmental management. The IEC shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.

2.3 The Permit Holder shall, within 4 weeks after the commencement of construction of the Project, inform the Director in writing of the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

2.4 The Permit Holder shall deposit with the Director 3 sets of 1 to 1000 scale layout drawings showing the works boundaries, the ancillary road alignment and any other facilities, the locations of environmental mitigation measures recommended in the EIA Report, and an explanatory statement, no later than 2 months before the commencement of construction of the Project. The layout drawings, the locations of environmental mitigation measures and the explanatory statement so provided shall be certified by the ET Leader and verified by the IEC, as conforming to the information and recommendations contained in the EIA Report. The Project shall be constructed in accordance with the information and recommendations contained in the EIA Report.

2.5 Three sets of 1 to 1000 scale layout drawings showing the areas to be re-vegetated and planted within the works boundaries, and the programme for their implementation shall be deposited with the Director before the commencement of construction of the Project. In particular, the submission shall include details of hydroseeding and planting of the flood protection walls and embankments. Native species shall be included in the planting list and native shrub seeds shall be added to the seed mix.

2.6 Three sets of Waste Management Plan for the construction stage of the Project shall be submitted to the Director for approval no later than 4 weeks after the commencement of construction of the Project. The Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report. The Plan shall describe in detail the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall include the recommended mitigation measures on waste management as contained in the EIA Report. Such a Plan shall include the designated areas for segregation and temporary storage of reusable and recyclable materials. All measures in the approved Plan shall be fully implemented throughout the construction period.

2.7 The Project described in Part B of this permit shall incorporate noise impact mitigation measures detailed in Section 8.2.7, tables 8.2s and 8.2y and Section 8.3.7 of the EIA Report. Three sets of the noise impact mitigation measures design specifications shall be certified by the ET Leader and verified by the IEC and deposited with the Director before the commencement of construction of the Project.

2.8 The Permit Holder shall submit an Implementation Schedule for the Project, no later than 2 months before the commencement of construction of the Project, to the Director for approval. The Implementation Schedule shall be certified by the ET Leader and verified by the IEC before submission to the Director.

3. Measures during the Construction Period

3.1 All design or construction measures described in the submissions approved or deposited under condition 2.4, 2.5, 2.6 and 2.7 above shall be fully implemented in accordance with the Implementation Schedule approved under condition 2.8.

3.2 To mitigate environmental impacts due to site runoff and other potential water pollution caused by construction activities, mitigation measures described in Annex A shall be fully implemented throughout the construction period.

3.3 For dredging works, only mechanical dredgers with bucket-type closed-grabs shall be used for the dredging of existing channel bed. Where tight dredging depth tolerances are required to dredge contaminated materials the bucket-type closed-grab dredger shall incorporate a visor. Closed mechanical grabs for dredging shall be maintained to avoid spillage and shall seal tightly while being lifted.

3.4 For land based excavation, closed-grab excavators shall be used during excavation works to minimise the leakage and loss of sediment.

3.5 Transportation of surplus dredged or excavated materials which will not be used as filling materials on site shall be carried out by water tight trucks/vessels to the marine barging points or designated marine disposal grounds identified in the Waste Management Plan approved under condition 2.6.

3.6 All barges and hoppers utilized for marine transportation of dredged or excavated materials shall have tight fitting seals to their bottom openings to prevent leakage of material.

3.7 Loading of barges and hoppers utilized for marine transportation of dredged or excavated materials shall be controlled to prevent splashing of materials to the surrounding water.

3.8 Barges and hoppers utilized for marine transportation of dredged materials shall not be filled to a level, which will cause overflow of material or polluted water during loading or transportation.

3.9 Stockpiling of dredged/excavated materials shall be placed remote from nearby residential dwellings including Mai Po Lo Wai and Mai Po San Tsuen and covered with tarpaulin sheets.

3.10 Diversion of the channels and cofferdams shall be used to minimize potential disturbance to water bodies, to limit adverse impact on water quality at downstream and to contain sediments.

3.11 Fish ponds temporarily occupied by works areas shall be reinstated back to fish ponds before commencement of operation of the Project.

3.12 3 metre high temporary noise barriers with no openings or gaps shall be erected between the construction plant in operation and nearby residential development including Mai Po Lo Wai and Mai Po San Tsuen. Noise barriers shall be erected close to, but no further than 20 metres distant from the plant in operation.

3.13 To protect the Mai Po Lo Wai Egretry, no construction works shall be undertaken during the months from April to July.

3.14 Drop hammer or similar construction method with equivalent sound power level shall be used for sheet piling operation at Mai Po Lo Wai. The use of double acting hammer rig is prohibited.

3.15 All waste materials, excluding river and pond sediment, shall be segregated into categories covering: excavated material or construction waste suitable for reuse on-site, reclamation or fill, construction waste for disposal at public dump or landfill, chemical waste, and general refuse and their handling and disposal shall be carried out in accordance with the Waste Management Plan approved under condition 2.6.

Measures during the Operation Period

3.16 The operation phase noise mitigation measures of the pumping station detailed in the submission to be deposited under condition 2.7 of this permit shall be fully implemented before putting the pumping station into operation.

3.17 The plant noise within the pumping station shall be controlled to within 85d(B)A Leq, 30 min. inside the plant room through the adoption of internal acoustic treatment detailed in the submission to be deposited under condition 2.7 of this permit.

3.18 The Permit Holder shall ensure the acoustic louvres could achieve the noise attenuation specified in the submission deposited under condition 2.7 of this permit. .

4. Environmental Monitoring and Audit (EM&A) Requirements during Construction of the Project

4.1 An EM&A programme shall be implemented as set out in the Environmental Schedule of the EIA Report (Register No. EIA-089/BC). Among other EM&A requirments, the programme shall include the construction phase Egretry Monitoring at Mai Po Lo Wai. Any change to the EM&A programme shall be justified by the ET Leader as conforming to the requirements set out in the Environmental Schedule and information contained in the EIA before submission to the Director for approval.

4.2 Samples and measurements shall be taken in accordance with the requirements of the Environmental Schedule by:

(i) conducting baseline environmental monitoring as set out in the Environmental Schedule; and

(ii) conducting impact environmental monitoring as set out in the Environmental Schedule.

4.3 The remedial actions described in the Event/Action Plans of the Environmental Schedule shall be fully and properly carried out, in accordance with the time frame(s) set out in the Event/Action Plans, or as agreed by the Director.

4.4 Records of measurements and remedial actions taken under Conditions 4.2 and 4.3 respectively of this Permit shall be logged and kept, within 3 working days of the collection of data or completion of remedial action, for the purpose of preparing and submitting the EM&A Reports and making the information available for inspection on site.

4.5 Two hard copies and one soft copy of the Baseline Monitoring Report shall be submitted to the Director no later than 2 weeks before the commissioning of the Project. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.

4.6 One hard copy and one soft copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. The EM&A Reports shall include a summary of all noncompliance (exceedances) of the environmental quality performance limits (Action and Limit levels). The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.

4.7 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

4.8 The Permit Holder shall relay all environmental complaints regarding construction works to the Environmental Team.

5. Electronic Reporting of EM&A Information

5.1 To facilitate public inspection of the Baseline Monitoring Report and monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Conditions 4 and 5 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.

5.2 All environmental monitoring data contained in the EM&A Reports submitted under Conditions 4 and 5 of this Permit shall be made available to the public via internet access in the form of a website, in the shortest possible time and in no event later than two weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director. The Permit Holder shall notify the Director in writing at least 2 weeks before the commissioning of the Project the internet address where the environmental monitoring data are to be placed. The internet website shall be made accessible to the public via a hyperlink at the EIAO Internet Website.

5.3 The internet website required in Condition 5.2 of this Permit shall enable user friendly public access to the monitoring data and with features capable of :

(i) providing access to environmental monitoring data collected since the commencement of works;

(ii) searching by date;

(iii)searching by types of monitoring data (air quality, water quality and noise, etc.); and

(iv)hyperlinking to relevant monitoring data after searching;

or otherwise as agreed by the Director.

Notes :

1. This Permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions). Any person relying on this permit should obtain independent legal advice on the legal implications under the Ordinance, and the following notes are for general information only.

2. The Permit Holder may apply under Section 13 of the Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the construction site by the amended permit.

3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.

4. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.

5. If this Permit is cancelled or surrendered during construction or operation of the Project, another environmental permit must be obtained under the Ordinance before the Project could be continued. It is an offence under Section 26(1) of the Ordinance to construct or operate a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.

6. Any person who constructs or operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the Ordinance, is liable: -

(i) on a first conviction on indictment to a fine of $ 2 million and to imprisonment for 6 months;

(ii) on a second or subsequent conviction on indictment to a fine of $ 5 million and to imprisonment for 2 years;

(iii) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;

(iv) on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and

(v) in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $ 10,000 for each day on which he is satisfied the offence continued.

7. The Permit Holder may appeal against any condition of this Permit under Section 17 of the Ordinance within 30 days of receipt of this Permit.

Annex A (as referred to in Condition 3.2)

Measures to Mitigate Environmental Impacts due to Site Run-off and Other Potential Water Pollution During Construction

(a) Surface Runoff

(i) Surface run-off from the construction site shall be directed into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharge into storm drains. Channels, earth bunds or sand bag barriers shall be provided on site to properly direct stormwater to such silt removal facilities.

(ii) Catchpits and perimeter channels shall be constructed in advance of site formation works and earthworks.

(iii) Silt removal facilities, channels and manholes shall be suitably maintained with the deposited silt and grit being removed at least once a week, and at the onset of and after each rainstorm to ensure that these facilities are functioning properly at all times.

(iv) Earthworks final surfaces shall be well compacted and the subsequent permanent work or surface protection shall be carried out immediately after the final surfaces are formed to prevent erosion caused by rainstorms. Appropriate intercepting channels shall be provided along the site boundary or at the locations agreed with the IEC. Rainwater pumped out from trenches or foundation excavations shall be discharged into silt removal facilities before discharge into storm drains.

(v) Open stockpiles of construction materials (e.g. aggregates and sand) on site shall be covered with tarpaulin or similar fabric during rainstorms. Measures such as providing sand bag barriers shall be taken to prevent the washing away of construction materials, soil, silt or debris into any drainage system.

(vi) All generators, fuel and oil storage shall be within bunded areas. Drainage from the areas shall be connected to storm drains via a petrol interceptor.

(b) General Construction Activities

At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), debris and rubbish on site shall be handled and disposed of to avoid entering the water column and causing water quality impacts. Temporary on-site storage of excavated materials from construction works shall be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated materials should be diverted to the drainage system via sediment traps. Stockpiling of the excavated material shall be minimised by scheduling the construction programme in a way that one section of the alignment can be constructed and completed before the excavation works of the next section commence.

To mitigate environmental impacts from wastewater due to construction activities, water used for water testing, boring, drilling works, concrete batching and precast concrete casting shall be recirculated and reused; wastewater from concrete batching and precast concrete casting shall be treated for pH adjustment and silt removed prior to discharge into stormwater drains and washwater from wheel washing facilities shall have sand, silt or other materials removed before discharge into stormwater drains; the access road sections between site exits and the public roads shall be paved with backfall to prevent site run-off from entering the public roads.

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